IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Parody is often taken as a defence in trademark infringement suits. and will it amount to trademark infringement?

Copyright Law 86

Copyright Law Copyright Law Copyright Infringement 86

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. In essence: ‘use it or lose it.’

Editing 105

Editing Law IP Designs 105

JD Supra Law

JUNE 21, 2022

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights. By: AEON Law collectively, “Hermes”).

Non-Fungible Tokens 113

Non-Fungible Tokens Artistic Work IP Patent 113

JD Supra Law

JUNE 13, 2023

Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."

Artistic Work 55

Artistic Work Trademark 55

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. The dispute between the two arose concerning the use of packaging in their respective products.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

JD Supra Law

JANUARY 19, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.”. As the U.S.

Artistic Work 63

Artistic Work Intellectual Property Music Branding 63

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

Artistic Work 45

Artistic Work Designs Design Copyright 45

IPilogue

MARCH 14, 2023

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Rothschild engages novel issues of trademark infringement, trademark dilution, and cybersquatting (MetaBirkin.com domain name in this case) by artists in the metaverse. Thus, Judge Rakoff held that the artistic relevance was present.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. ” This will be the first time since 1994 that the Supreme Court has addressed fair use in the context of an artistic work. The case will determine the proper balance between trademark rights and free speech.

Copyright 52

Copyright Trademark Fair Use Contracts 52

IP and Legal Filings

AUGUST 14, 2023

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. Choice of Law is determining which country’s laws will govern the dispute.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. What Does a Trademark Protect? .

Trademark 52

Trademark Copyright Intellectual Property Intellectual Property Law 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection is extendable to any artistic work that is original and is creative.

Designs 52

Designs Design Copyright Artistic Work 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Yet both artists won.” Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. However, if an artist comes up with an original depiction of Santa Claus then it shall be copyright protected on account of being an original artistic work of that artist.

IP 52

IP Artistic Work Intellectual Property Branding 52

IP and Legal Filings

SEPTEMBER 20, 2023

To counter this issue laws are placed so that the original ideas can be protected. If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 92

Designs Design Copyright Copyright Infringement 92

IP Law 360

NOVEMBER 30, 2022

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.

Artistic Work 75

Artistic Work Trademark 75

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Unlike patents, trademark protection is held indefinitely. Copyright- copyright protection is given to the works of authorship.

Ownership 74

Ownership Copyright Trademark Contracts 74

JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

Artistic Work 52

Artistic Work Designs Design Trademark 52

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Selvam & Selvam Blog

AUGUST 22, 2021

In the instant case, the Bombay High Court called out the practice of seeking separate reliefs of an injunction for passing off and infringement when pleadings were presented in respect of matters of trademark infringement. P Sulochana Bai to note how the Trademark law does not create any new rights per se. Think Prayer.

Trademark 52

Trademark Artistic Work Trademark Law Law 52

Kluwer Copyright Blog

JUNE 30, 2021

As has been pointed out , such a change in the Second Circuit’s case law may have been prompted by the recent US Supreme Court decision in Google v Oracle , a ruling published after Warhol v Goldsmith and focusing on computer code and copyright , where the transformative use analysis was based on the user’s subjective intent.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

IP and Legal Filings

OCTOBER 11, 2022

One such avenue to safeguard such rights is through the way of Copyright and Trademark. Indian legislation does not provide exclusive statutory protection under the head of Personality Rights, but separate aid can be entreated under Copyright Act, Trademark Act, Fundamental Rights, and through various judicial pronouncements.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IIPRD

OCTOBER 28, 2023

ii] American media personality Paris Hilton used her now trademarked catchphrase “That’s Hot” in reality TV show The Simple Life routinely. She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.” for using her trademarked phrase in their cards, thereby infringing on her rights.

Copyright Law 59

Copyright Law Branding Brands Branding 59

IP and Legal Filings

SEPTEMBER 17, 2021

Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

Designs 73

Designs Design Artistic Work Branding 73

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. Mondaq (Dec. 20, 2023) [link] [6] Supra note [7] Akashaditya Harishchandra Lama v.

Cinema 82

Cinema Copyright Blogging Registration 82

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. The law gives copyright owners a monopoly to exploit and monetize creative works. The term of copyright depends on timing of creation and publication in the US, as well as the type of work in Canada.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. The Court reasoned that the toys themselves were products, rather than artistic works.

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. Grimaldi , 875 F.2d

Litigation 52

Litigation Artistic Work Branding Brands 52

Kashishipr

MARCH 16, 2022

People are aware of the term ‘Property,’ which relates to the regulations, rules, and laws of ‘Real Property’ or ‘Real Estate,’ i.e., land. Trademarks. When we talk about Trademark Protection , it can last forever, provided the trademark owner renews his Registered Trademark at appropriate levels.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring. This part is not persuasive.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

IP and Legal Filings

AUGUST 28, 2023

Image Sources : Shutter stock] On a superficial note, the fluid trade marks keep the consumers engaged and provide a whole new look to their trademark to stay relevant with time and advancement. Some Important Case Laws In Proctor and Gamble v. The courts in the case of Rintisch v.

Branding 86

Branding Brands Branding Trademark 86

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

LexBlog IP

SEPTEMBER 13, 2022

Vans asserted that the WAVY BABY shoes infringed the company’s trademarks and trade dress. Vans claimed the shoes infringed the trademarks and trade dress of its OLD SKOOL skate shoe. MSCHF argues its shoes are such artistic expressions and must therefore be evaluated under the Rodgers test. MSCHF Product Studio, Inc.,

Artistic Work 52

Artistic Work Trademark Art Designs 52

LexBlog IP

DECEMBER 18, 2023

Patent & Trademark Office (USPTO) recently published a notice entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” a)(I) ] but provides important clarifications.” ” 80 Fed.

Designs 40

Designs Design Design Patent Artistic Work 40